Caring and the Law

Caring and the Law PDF Author: Jonathan Herring
Publisher: A&C Black
ISBN: 1782251138
Category : Law
Languages : en
Pages : 513

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Book Description
'Caring and the Law' considers the law's response to caring. It explores how care is valued and recognised, how it is regulated and restricted and how the values of caring are reflected in the law. It does this by examining the law's interaction with caring in a wide range of fields including family, medical, welfare, criminal and tort law. At the heart of the book is the claim that the law has failed to recognise the importance of caring in many areas and in doing so has led to the costs and burdens of care falling on those who provide it, primarily women. It has also meant that the law has failed to protect those who receive care from the abuse that can take place in a caring context. The book promotes an ethic of care as providing an ethical and conceptual framework for the law to respond to caring relationships.

Caring and the Law

Caring and the Law PDF Author: Jonathan Herring
Publisher: A&C Black
ISBN: 1782251138
Category : Law
Languages : en
Pages : 513

Get Book Here

Book Description
'Caring and the Law' considers the law's response to caring. It explores how care is valued and recognised, how it is regulated and restricted and how the values of caring are reflected in the law. It does this by examining the law's interaction with caring in a wide range of fields including family, medical, welfare, criminal and tort law. At the heart of the book is the claim that the law has failed to recognise the importance of caring in many areas and in doing so has led to the costs and burdens of care falling on those who provide it, primarily women. It has also meant that the law has failed to protect those who receive care from the abuse that can take place in a caring context. The book promotes an ethic of care as providing an ethical and conceptual framework for the law to respond to caring relationships.

Caring for Justice

Caring for Justice PDF Author: Robin West
Publisher: NYU Press
ISBN: 9780814793497
Category : Law
Languages : en
Pages : 372

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Book Description
Over the past decade, mainstream feminist theory has repeatedly and urgently cautioned against arguments which assert the existence of fundamental—or essential—differences between men and women. Any biological or natural differences between the sexes are often flatly denied, on the grounds that such an acknowledgment will impede women's claims to equal treatment. In Caring for Justice, Robin West turns her sensitive, measured eye to the consequences of this widespread refusal to consider how women's lived experiences and perspectives may differ from those of men. Her work calls attention to two critical areas in which an inadequate recognition of women's distinctive experiences has failed jurisprudence. We are in desperate need, she contends, both of a theory of justice which incorporates women's distinctive moral voice on the meaning of justice into our discourse, and of a theory of harm which better acknowledges, compensates, and seeks to prevent the various harms which women, disproportionately and distinctively, suffer. Providing a fresh feminist perspective on traditional jurisprudence, West examines such issues as the nature of justice, the concept of harm, economic theories of value, and the utility of constitutional discourse. She illuminates the adverse repercussions of the anti-essentialist position for jurisprudence, and offers strategies for correcting them. Far from espousing a return to essentialism, West argues an anti- anti-essentialism, which greatly refines our understanding of the similarities and differences between women and men.

Caring Responsibilities in European Law and Policy

Caring Responsibilities in European Law and Policy PDF Author: Eugenia Caracciolo di Torella
Publisher: Routledge
ISBN: 1134455445
Category : Law
Languages : en
Pages : 168

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Book Description
This book explores the emerging engagement of EU law with care and carers. The book argues that the regulation of care by the EU is crucial because it enables the development of a broad range of policies. It contributes to the sustainability of society and ultimately it enables individuals to flourish. Yet, to date, the EU approach to regulating the caring relationship remains piecemeal and lacks the underpinning of a cohesive strategy. Against this backdrop, this book argues that the EU can and must take leadership in this area by setting principles and standards in accordance with the values of the treaty, in particular gender equality, human dignity, solidarity and well-being. The book further makes a case for a stronger protection for carers, who should not only be protected against discrimination, but should also be supported, valued and put in a position to make choices and lead full lives. In order to achieve this, a proactive approach to rebalancing the relationship between paid and unpaid work is necessary. Ultimately, the book puts forward a series of legal and policy recommendations for a holistic approach to care in the EU.

Caring for Families in Court

Caring for Families in Court PDF Author: Barbara A. Babb
Publisher: Routledge
ISBN: 1134842619
Category : Law
Languages : en
Pages : 211

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Book Description
In many US courts and internationally, family law cases constitute almost half of the trial caseload. These matters include child abuse and neglect and juvenile delinquency, as well as divorce, custody, paternity, and other traditional family law issues. In this book, the authors argue that reforms to the family justice system are necessary to enable it to assist families and children effectively. The authors propose an approach that envisions the family court as a "care center," by blending existing theories surrounding court reform in family law with an ethic of care and narrative practice. Building on conceptual, procedural, and structural reforms of the past several decades, the authors define the concept of a unified family court created along interdisciplinary lines — a paradigm that is particularly well suited to inform the work of family courts. These prior reforms have contributed to enhancing the family justice system, as courts now can shape comprehensive outcomes designed to improve the lives of families and children by taking into account both their legal and non-legal needs. In doing so, courts can utilize each family’s story as a foundation to fashion a resolution of their unique issues. In the book, the authors aim to strengthen a court’s problem-solving capabilities by discussing how incorporating an ethic of care and appreciating the family narrative can add to the court’s effectiveness in responding to families and children. Creating the court as a care center, the authors conclude, should lie at the heart of how a family justice system operates. The authors are well-known figures in the area and have been involved in family court reform on both a US national and an international scale for many years.

Law and the Relational Self

Law and the Relational Self PDF Author: Jonathan Herring
Publisher: Cambridge University Press
ISBN: 1108425135
Category : Law
Languages : en
Pages : 213

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Book Description
Describes the concept of the relational self and its potential significance to the law.

Stories of Care: A Labour of Law

Stories of Care: A Labour of Law PDF Author: LJB Hayes
Publisher: Springer
ISBN: 1137492600
Category : Law
Languages : en
Pages : 237

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Book Description
Stories of Care: A Labour of Law is an interdisciplinary study of the interactions of law and labour that shape paid care work. Based on the experiences of homecare workers, this highly topical text unpicks doctrinal assumptions about class and gender to interrogate contemporary labour law. It demonstrates how the UK’s crisis in social care is connected to the gendered inadequacy of labour law and argues for transformative change to law at work. ‘Utterly compelling. Perhaps the best ever example in modern labour law scholarship of research-led recommendations.’ – Keith Ewing, Professor of Public Law, King’s College London ‘An important contribution to socio-legal research on care work and labour law.’ – Judy Fudge, Professor of Labour Law, University of Kent ‘Innovative and meticulous; merits a very wide readership.’ – Lizzie Barmes, Professor of Labour Law, Queen Mary University of London ‘A really important text which shows, through deep analysis of care workers’ stories, how badly undervalued their work is... It offers an excellent analysis.’ – Robin Allen QC, Cloisters Chambers ‘A rare and valuable insight into the lives and views of women who work in the little known world of homecare for rates of pay and conditions that shame our society.’ – David Brindle, Public Services Editor, The Guardian ‘Boundary-breaking ... an outstanding contribution to the growing field of feminist labour law scholarship.’ – Joanne Conaghan, Professor of Law, University of Bristol

Minimizing Marriage

Minimizing Marriage PDF Author: Elizabeth Brake
Publisher: OUP USA
ISBN: 0199774137
Category : Family & Relationships
Languages : en
Pages : 251

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Book Description
This book addresses fundamental questions about marriage in moral and political philosophy. It examines promise, commitment, care, and contract to argue that marriage is not morally transformative. It argues that marriage discriminates against other forms of caring relationships and that, legally, restrictions on entry should be minimized.

Caring for Our Parents

Caring for Our Parents PDF Author: Howard Gleckman
Publisher: Macmillan + ORM
ISBN: 1429988304
Category : Family & Relationships
Languages : en
Pages : 318

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Book Description
When his mother-in-law died suddenly and his seriously ill father-in-law was left with no one to care for him, the author and his wife were thrust into the complex and overwhelming world of long-term care. Just months later his own father fell sick, and the couple struggled to help care for him too—from 1000 miles away. Over the next year-and-a-half, this ordinary family faced one crisis after another, as each day brought new struggle and pain, but also surprising rewards. They were among the 44 million Americans who are caring for elderly parents or relatives or friends with disabilities. Someone you love will almost certainly need long-term care services before they die. Nearly 70 percent of our parents will receive such help sometime during their old age—usually at home, though often in a nursing home. It will last for an average of three years, though one in five will need this assistance for five years or more. This book tells the sometimes painful, sometimes uplifting, and always compelling stories of the families who struggle every day with the care needs of their loved ones. The costs are crushing: and the weight of 77 million aging Baby Boomers will devastate our nation's already fragile system for funding this critical day-to-day assistance. How can we repair the tattered safety net that is so essential to our aged and disabled?

Sustainability and the Rights of Nature in Practise

Sustainability and the Rights of Nature in Practise PDF Author: Cameron La Follette
Publisher: CRC Press
ISBN: 0429000383
Category : Law
Languages : en
Pages : 438

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Book Description
Sustainability and the Rights of Nature in Practice is the much-needed complementary volume to Sustainability and the Rights of Nature: An Introduction (CRC Press, May 2017). The first book laid out the international precursors for the Rights of Nature doctrine and described the changes required to create a Rights of Nature framework that supports Nature in a sustainable relationship rather than as an exploited resource. This follow-up work provides practitioners from diverse cultures around the world an opportunity to describe their own projects, successes, and challenges in moving toward a legal personhood for Nature. It includes contributions from Nepal, New Zealand, Canadian Native American cultures, Kiribati, the United States and Scotland, amongst others, by practitioners working on projects that can be integrated into a Rights of Nature framework. The authors also tackle required changes to shift the paradigm, such as thinking of Nature in a sacred manner, reorienting Nature’s rights and human rights, the conceptualization of restoration, and the removal of large-scale energy infrastructure. Curated by experts in the field, this expansive collection of papers will prove invaluable to a wide array of policymakers and administrators, environmental advocates and conservation groups, tribal land managers, and communities seeking to create or maintain a sustainable relationship with Nature. Features: Addresses existing projects that are successfully implementing a Rights of Nature legal framework, including the difference it makes in practice Presents the voices of practitioners not often recognized who are working in innovative ways towards sustainability and the need to grant a voice to Nature in human decision-making Explores new ideas from the insights of a diverse range of cultures on how to grant legal personhood to Nature, restrain damaging human activity, create true sustainability, and glimpse how a Rights of Nature paradigm can work in different societies Details the potential pitfalls to Rights of Nature governance and land use decisions from people doing the work, as well as their solutions Discusses the basic human needs for shelter, food, and community in entirely new ways: in relationship with Nature, rather than in conquest of it

Trauma Stewardship

Trauma Stewardship PDF Author: Laura van Dernoot Lipsky
Publisher: Berrett-Koehler Publishers
ISBN: 1605095389
Category : Self-Help
Languages : en
Pages : 370

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Book Description
This beloved bestseller—over 180,000 copies sold—has helped caregivers worldwide keep themselves emotionally, psychologically, spiritually, and physically healthy in the face of the sometimes overwhelming traumas they confront every day. A longtime trauma worker, Laura van Dernoot Lipsky offers a deep and empathetic survey of the often-unrecognized toll taken on those working to make the world a better place. We may feel tired, cynical, or numb or like we can never do enough. These, and other symptoms, affect us individually and collectively, sapping the energy and effectiveness we so desperately need if we are to benefit humankind, other living things, and the planet itself. In Trauma Stewardship, we are called to meet these challenges in an intentional way. Lipsky offers a variety of simple and profound practices, drawn from modern psychology and a range of spiritual traditions, that enable us to look carefully at our reactions and motivations and discover new sources of energy and renewal. She includes interviews with successful trauma stewards from different walks of life and even uses New Yorker cartoons to illustrate her points. “We can do meaningful work in a way that works for us and for those we serve,” Lipsky writes. “Taking care of ourselves while taking care of others allows us to contribute to our societies with such impact that we will leave a legacy informed by our deepest wisdom and greatest gifts instead of burdened by our struggles and despair.”